1994-12-12 Public Hearing and Regular Meeting

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e e notice of its intention to do so, specifying therein the effeCtive date of such termination. It is expressly agreed that the Concessionaire may terminate this Agreement prior to the expiration of the term set forth above without cause upon ninety (90) days written notice to the City. Notifications pertaining to any part of this Agreement shall be' made as follows: THE CITY: City of La Porte P.O. Box 1115 La Porte, Texas 77571-1115 Attention: City Manager's Office THE CONCESSIONAIRE: Ms. Linda Darnell Witt 723 South 4th Street La Porte, Texas 77571 HARRIS COUNTY: The Honorable Jim Fonteno, Commissioner, Precinct 2 Harris County Commissioner's Court 7330 Spencer Highway Pasadena, Texas 77505 XI. The Concessionaire shall not allow any liens or any other encumbrances to attach to the leased premises. XII. Whenever the terms of this Agreement conflict with the terms of the Agreement with the City and Harris County, Texas, dated Aori112. 1994 (attached hereto), amended and extended, the parties agree that the terms of the Harris County Agreement control, to the extent of such conflict only. Otherwise, this Agreement is to be construed in relationship with the Harris County Agreement insofar as possible. XIII. The provisions of this Agreement which assign certain rights to the City, shall be construed to also be shared by Harris County insomuch as they are in accordance with the terms of the Agreement between the City and Harris County, Texas, dated Aoril 12. 1994. The foregoing does not apply to Section X, which allows the City unilaterally to terminate this Agreement without cause, and also does not apply to Section III, which governs payment. The City's and Harris County's writes and obligations C:\ WP50\CLPlPIER_6.AGR Concession Agreement, page 7 of 9